Utah Code
Utah Code § 76-5-401.2 (2026)
Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations
✓ current as of May 2026
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As used in this section:
"Female breast" means the same as that term is defined in Section 76-5-401.1.
"Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
"Minor" means an individual who is 16 years old or older, but younger than 18 years old, at the time the sexual conduct described in Subsection (2) occurred.
Terms defined in Section 76-1-101.5 apply to this section.
Under circumstances not amounting to an offense listed in Subsection (4), an actor commits unlawful sexual conduct with a minor if the actor:
is seven or more years older but less than 10 years older than the minor at the time of the sexual conduct;
engages in any conduct listed in Subsection (2)(b); and
knew or reasonably should have known the age of the minor; or
is 10 or more years older than the minor at the time of the sexual conduct; and
engages in any conduct listed in Subsection (2)(b).
As used in Subsection (2)(a), "sexual conduct" refers to when the actor:
has sexual intercourse with the minor;
engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual;
causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body; and
causes the penetration with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual; or
with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual:
touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
touches the female breast of a minor; or
otherwise takes indecent liberties with the minor.
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
Any penetration, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(i).
Any touching, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(ii).
A violation of Subsection (2)(b)(iv) is a class A misdemeanor.
The offenses referred to in Subsection (2)(a) are:
rape, in violation of Section 76-5-402;
object rape, in violation of Section 76-5-402.2;
forcible sodomy, in violation of Section 76-5-403;
forcible sexual abuse, in violation of Section 76-5-404;
aggravated sexual assault, in violation of Section 76-5-405; or
Notes of Decisions
Cited in 24
cases (6 in the last 5 years), 2000–2025 · leading case: State v. Holm, 2006 UT 31 (Utah 2006).
State v. Holm, 2006 UT 31 (Utah 2006). “Accordingly, we affirm the defendant's conviction under Utah Code section 76-7-101 for bigamy and under Utah Code section 76-5-401.2 for unlawful sexual conduct with a minor.”
State v. Rosen, 2021 UT App 32 (Utah Ct. App. 2021). “2(2)(a)(ii), the defendant cannot present the defense that he “mistakenly believed the victim to be 18 years of age or older at the time of the alleged offense or was unaware of the victim’s true age,” id.”
State v. Jackson, 2011 UT App 318 (Utah Ct. App. 2011). “OPINION McHUGH, Associate Presiding Judge: 1 1 Martin Ray Jackson appeals his convietion for unlawful sexual conduct with a sixteen- or seventeen-year-old (Unlawful Sexual Conduct), see Utah Code Ann. § 76-5-401.2 (2008), arguing that the trial court erred when it denied his…”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “§ 39-13-506(b); Utah Code Ann. § 76-5-401.2 ; Vt. Stat. Ann.”
Larsen v. Davis Cnty. Sch. Dist., 2017 UT App 221 (Utah Ct. App. 2017). “See Utah Code Ann. § 76-5-401.2 (2)(a)(ii)-(iii) (LexisNexis Supp.”
United States v. Eduardo Rangel-Castaneda, 709 F.3d 373 (4th Cir. 2013). “§ 39-13-506; Utah Code Ann. § 76-5-401.2 ; Va.Code Ann.”
Calder v. State, 2022 UT App 67 (Utah Ct. App. 2022). “Calder asserted that, had Plea Counsel done so, he “would not have [pled] guilty and would have insisted on going to trial.”
State v. Martinez, 2000 UT App 320 (Utah Ct. App. 2000). “See Utah Code Ann. § 76-5-401.2 (1999). Consensual sexual activity with a minor fourteen or fifteen years old becomes a felony if the older participant is only four years older than the minor.”
State v. Mills, 2012 UT App 367 (Utah Ct. App. 2012). “OPINION THORNE, Judge: {1 Ryan Daniel Mills appeals from his convictions on three counts of unlawful sexual conduct with a sixteen or seventeen year old, see Utah Code Ann. § 76-5-401.2 (2008); one count of enticing a minor, see id.”
United States v. Timothy Hardin, 998 F.3d 582 (4th Cir. 2021). “05 (1) (2021) (setting the minimum age of prosecution for “engag[ing] in sexual activity with a person 16 or 17 years of age” at 24); Utah Code Ann. § 76-5-401.2 (2) (2021) (setting the minimum age differential for “[u]nlawful sexual conduct with a 16- or 17-year-old” at seven…”
State v. Malo, 2020 UT 42 (Utah 2020). “See UTAH CODE § 76-5-401.2. The felony charge was based on the allegations that (1) Malo had sex with Britany and (2) at the time he was in his early forties and she was just seventeen.”
State v. Wilkes, 2020 UT App 175 (Utah Ct. App. 2020). “§ 76-5-401.2. In August 2017, Wilkes pleaded guilty to two counts of unlawful sexual conduct, and the State dismissed the other two charges (second case).”
— Utah Code § 76-5-401.2(1) — 2 cases
State v. Jackson, 2011 UT App 318 (Utah Ct. App. 2011). “OPINION McHUGH, Associate Presiding Judge: 1 1 Martin Ray Jackson appeals his convietion for unlawful sexual conduct with a sixteen- or seventeen-year-old (Unlawful Sexual Conduct), see Utah Code Ann. § 76-5-401.2 (2008), arguing that the trial court erred when it denied his…”
Calder v. State, 2022 UT App 67 (Utah Ct. App. 2022). “Calder asserted that, had Plea Counsel done so, he “would not have [pled] guilty and would have insisted on going to trial.”
— Utah Code § 76-5-401.2(2) — 1 case
State v. Jackson, 2011 UT App 318 (Utah Ct. App. 2011). “OPINION McHUGH, Associate Presiding Judge: 1 1 Martin Ray Jackson appeals his convietion for unlawful sexual conduct with a sixteen- or seventeen-year-old (Unlawful Sexual Conduct), see Utah Code Ann. § 76-5-401.2 (2008), arguing that the trial court erred when it denied his…”
— Utah Code § 76-5-401.2(2)(a) — 1 case
Calder v. State, 2022 UT App 67 (Utah Ct. App. 2022). “Calder asserted that, had Plea Counsel done so, he “would not have [pled] guilty and would have insisted on going to trial.”
— Utah Code § 76-5-401.2(2)(a)(ii) — 1 case
State v. Rosen, 2021 UT App 32 (Utah Ct. App. 2021). “2(2)(a)(ii), the defendant cannot present the defense that he “mistakenly believed the victim to be 18 years of age or older at the time of the alleged offense or was unaware of the victim’s true age,” id.”
— Utah Code § 76-5-401.2(2)(a)(iii) — 1 case
Calder v. State, 2022 UT App 67 (Utah Ct. App. 2022). “Calder asserted that, had Plea Counsel done so, he “would not have [pled] guilty and would have insisted on going to trial.”
— Utah Code § 76-5-401.2(2)(b)(iv) — 1 case
Doe v. Nebo Sch. Dist. (D. Utah 2024).
— Utah Code § 76-5-401.2(a)(iii) — 1 case
Larsen v. Davis Cnty. Sch. Dist., 2017 UT App 221 (Utah Ct. App. 2017). “See Utah Code Ann. § 76-5-401.2 (2)(a)(ii)-(iii) (LexisNexis Supp.”
— Utah Code § 76-5-401.2(b) — 1 case
Calder v. State, 2022 UT App 67 (Utah Ct. App. 2022). “Calder asserted that, had Plea Counsel done so, he “would not have [pled] guilty and would have insisted on going to trial.”
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